- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation at Hand: Attending The Great Escape Festival in Brighton
I am currently based in England and had purchased a Saturday day ticket for The Great Escape Festival 2024. However, with over 120 artists pulling out of the event, the practicality of obtaining a refund has become a pressing issue.
### Refund Dispute and Section 75 of Credit Card
In an effort to secure a refund, I have initiated a dispute under Section 75 of the Credit Card Act, as my ticket was purchased using a credit card. Despite this, the ticket seller, Ticketweb, has informed me that I am not entitled to a refund.
### Terms and Conditions Standoff
Upon reading the refund policy outlined on The Great Escape Festival’s website, it is stated that refunds are only considered under specific circumstances, such as full event cancellation or significant alterations that deviate from the expected event experience. However, exceptions are made for changes in the event lineup, weather conditions, band member changes, and performance delays.
### AI Legalese Decoder to the Rescue
In this scenario, the AI Legalese Decoder can analyze the intricacies of the festival’s refund policy and provide insights into whether the mass artist withdrawals constitute a material alteration to the event, warranting a refund. By decoding and interpreting the legal jargon, the AI can assist in navigating the dispute process with Ticketweb and potentially securing a refund for the impacted ticket holders.
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I think you will be able to dispute this with your bank / card issuer (either Chargeback or Section 75 as you said due to it being on credit).
Normally, if there’s a change in line up, festivals will argue that you didn’t pay for a ticket to a specific artist but to a multi artist event which is still going ahead. However in your case, the line-up changes seem so wide-spread and substantial that this would constitute a material alteration.
For chargebacks, the dispute process is set by VISA / MasterCard and don’t usually account for the merchant’s T&Cs in case these are deliberately or unfairly restrictive – its purpose is for consumer protection. There is a dispute category for the goods or services not being as advertised. You purchased the tickets in good faith based on the advertised line up. This has now undergone substantial changes and you are receiving something entirely different to what was advertised at the point of purchase.
For S75, this is a claim more based around breach of contract. As much as their T&Cs seem to cover them, I would say that given the number of changes made to the line-up, it constitutes a substantial change to what was contracted originally. Also, they will struggle to use their usual defence that you purchased a ticket for a multi-artist event if the total number of artists available has dropped so dramatically.
If you do get any pushback, ask what is to stop someone falsely advertising artists they don’t have, getting purchases, then changing the line up later? Point out clearly that you haven’t changed your mind, the experience sold has been substantially changed after the point of purchase entirely by the merchant and you aren’t receiving what you paid for. Avoid focusing in on missing any specific artists you were looking forward to, this will unlikely help, focus on the wide-spread nature of the changes. You brought tickets for an event with 500 artists (GE Festival website) but they are now down to circa 350 and dropping further by the day – a reduction of circa 30% in value.
Chargebacks and S75 exist for these exact reasons. I honestly don’t think you’ll have an issue. If all the above fails, you’ll also be able to open a complaint with the card provider and then the FOS if this is unsatisfactory.
“Changes to the event lineup” being expressly excluded from being a material alteration, you’re unlikely to have any recourse here. TGE will argue you paid for a multi-entry ticket to citywide venues to see various musical artists and that you got precisely that.
If the ticket was purchased on the basis of x number of acts or y number of venues then that might change things but I’m not aware that that’s how the event was advertised.
I would question how far that clause can be extended.
Having it in place makes sense for a normal festival where there will inevitably be lineup changes, and the organisers won’t want to be refunding and reselling tickets because one artist out of a hundred has changed.
But if a significant number of artists have all cancelled, and they have not been replaced with suitable artists of a broadly similar calibre, I would question whether you would be able to claim a refund based on the show being significantly reduced compared to that advertised.
> which, in Our opinion, makes the Event materially different
You should have kept reading, the GEF website itself (Ts&Cs) states:
*”The following are not deemed to be ‘material alterations’: changes to the Event line-up;”*
So no, on that basis you’re not entitled to a refund.
NAL, but given that the circumstances of the change could not have been foreseen and were out of the organisers’ control, I’d say you have to bite the bullet and accept that these things happen. There have been several instances where an independent wrestling promotion has sold events out based on the appearance of an AEW wrestler at one of their events, only to have said wrestler cancel at the last minute. The only refund that was given was for people who’d purchased a meet and greet session with the AEW wrestler, since obviously that wasn’t going to be possible; the rest of the show was still happening, albeit full of wrestlers that meant nothing to anyone outside Ireland, so people who’d just bought show tickets – albeit just to see the one wrestler who ended up not being there – were stuck with them.